FOUND REGIONAL Magazine
Advertising Terms & Conditions
These terms apply to all advertising provided to any Customer by The FOUND Media Group Pty Ltd (FOUND Regional Media) ABN 17 660 152 661.
‘Customer’ includes a Customer who places advertising with FOUND Regional Media, and any third party that arranges the advertising on behalf of its clients.
In these Terms and Conditions:
1: "Advertisement" or "Advertising" means the material agreed between FOUND Regional Media and the Customer to be placed in FOUND Regional Magazine (the “Publication) for which a Fee is to be paid. This may include loose or bound inserts, display advertisements, page sponsorships, and advertorials whether in print or electronic form.
2: "Advertising Agreement" means the document entitled “FOUND Regional Magazine Advertising Agreement” signed for or on behalf of the Customer and accepted by FOUND Regional Media referring to these Terms. In the FOUND Regional Advertising Agreement, specific details relating to the Advertisement to be inserted by or on behalf of the Customer in FOUND Regional Magazine, website and social media are to be set out.
3: "Publication Date" means the date on which the Publication is delivered to a point of sale, letterbox or mail centre.
4: "Terms" means the terms and conditions set out here. A reference to "$" or dollars means Australian dollars and a reference to payment means payment in Australian dollars.
Advertising
1.1 It is the responsibility of the Customer to read these terms and conditions carefully. The placing of an order for any advertising by a Customer covers acceptance by the Customer of these Terms and Conditions and of all rates set out by FOUND Regional Media Group in the Advertising Agreement unless otherwise agreed in writing by FOUND Regional Media. To the extent that any order submitted by the Customer attempts to include terms that are inconsistent with these Terms and Conditions, those terms will not apply.
1.2 It is understood that Advertisements booked via the use of the signed FOUND Regional Advertising Agreement are by an authorised person within the Customer's company. As such the Customer's company will be held liable for all costs and expenses related to this order.
Rates & Changes
2.1 All rates/charges displayed in the FOUND Regional Advertising Agreement are exclusive of the amount of GST. All Customers must pay the GST amount at the same time as the charges based on these rates. FOUND Regional Media reserves the right to alter any advertising rate, without notice, at any time. Of course, any changes to advertising rates will not apply to any orders made prior to the date of such change. The reselling of advertising to a third party is not permitted without the written consent of FOUND Regional Media.
Submission of artwork
3.1 If artwork is to be supplied by the Customer, we require all artwork and changes to be submitted before the deadline specified. It is the responsibility of the Customer to ensure that all artwork is submitted on time. Material either not supplied or received too late to make the edition will result in FOUND Regional Media either using existing material or opting not to publish the advertisement and the Customer being charged the full rate for the advertising space booked.
3.2 Where the advertising is to be designed by a FOUND Regional Media graphic designer, it is the responsibility of the advertiser to supply all components and information when requested.
3.3 Advertising material and artwork must be submitted electronically and must comply with the material specifications provided by FOUND Regional Media. It is the duty of the Customer to ensure that all submissions of advertising content do not infringe on any relevant legislation, copyright, trademark, confidentiality obligation or right. The Customer must ensure that proper authority has been obtained from a person whose name or picture is being used in the advertising content.
3.4 It is the Customer’s responsibility to sign off on advertising proofs in a timely manner before going to press. If no approval is received by 48 hours before print deadline, FOUND Regional Media reserves the right to remove the advertisement from the publication. In this instance, the full price for the advertisement page would still be payable.
Cancellation
4.1 Cancellations of booked advertising space must be made in writing and will not be accepted after the artwork submission deadline.
4.2 If a cancellation is made prior to the artwork submission deadline the Customer can defer the advertisement to be rescheduled and published in a forthcoming edition (limited to the next two issues). If the deferred advertisement is not published in the next two issues, it will be cancelled and the customer will have to pay the full rate of the advertisement.
Position:
5.1 The positioning or placement of an advertisement is at the discretion of FOUND Regional Media except where expressly agreed in writing by FOUND Regional Media in the FOUND Regional Advertising Agreement and the Customer is charged accordingly. All reasonable efforts will be made to ensure the advertising is published in the Customer's format and position but FOUND Regional Media reserves the right to vary the format and size of the advertisement by 10% without notice if a change is made to the press design of the publication. No guarantee is provided on tonal colour reproduction.
5.2 It is the Customer’s responsibility to check the advertisement proofs and notify FOUND Regional Media of any errors. FOUND Regional Media does not accept responsibility for any errors submitted by the Customer, including over the phone or on email, or in artwork created by FOUND Regional Media. Errors that are not the fault of the Customer and in FOUND Regional Media's opinion lessen the value of the advertisement; the claim should be lodged in no more than seven days from the first publication. No claims will be considered for advertising material that has been supplied outside our accepted material requirements listed on the rate card.
5.3 If a booked Advertisement is not published at all solely due to a mistake on FOUND Regional Media's part, FOUND Regional Media will offer an alternative publication date. If the alternative date is not accepted, the original booking will be cancelled and the Customer shall be entitled to a full refund if the Customer has paid in advance for the Advertisement. This shall be the Customer's sole remedy for failure to publish the advertisement.
Payment
6.1 Payment terms are strictly 14 days from the date of the invoice. Any costs incurred by FOUND Regional Media to retrieve money owing will be oncharged to the Customer.
6.2 In the case of late payments, after 30 days from the invoice date, the Customer will be charged an additional 10% of the total amount. If the account is not paid in full after 40 days the Customer will be charged an additional 20% of the total amount, plus $150 for each payment reminder in administration fee. Payments more than 60 days late will incur a 50% additional fee and be registered with a debt collection agency.
6.3 In signing the FOUND Regional Advertising Agreement you are undertaking that all advertising costs, including administrative, debt collection and legal costs, will be met by the Customer. In the case of non-payment of account FOUND Regional reserves the right to cancel any provision of credit to the Customer, request cash pre-payment for further advertising. If payment is made by credit card an additional fee of 1.5% of the total amount will incur.
Advertising content
7.1 Advertisements should be ‘display adverts’. Any advert that is considered to resemble editorial style (advertorial) will be subject to amendment, alteration or rejection at the discretion of FOUND Regional Media without prior notice. Such advertisements can only have 300 words maximum per page, and must be clearly identified by the use of the word ‘PROMOTION’ in the top of the advertisement.
7.2 FOUND Regional Media reserves the right to request the redesign of any advertisement that doesn’t meet the quality standards of the publication. This work may be carried out by the Customer. Alternatively, the work will be carried out by a FOUND Regional graphic designer at an additional cost of $250. In this case, the same approval processes listed above will still apply.
7.2 FOUND Regional Media reserves the right to refuse/cancel any non-compliant advertising. Hard copy materials are printed using a 4 colour processing printer. If any other ink (such as PMS) is required by the customer after the order has been placed, an extra charge shall be applied.
7.3 Paid editorial content is at the discretion of FOUND Regional Media, and the story and angle must be mutually agreed upon. Paid editorial must fit in to the ethos of the publication, and cannot be simply promotional.
Liability & indemnity
8.1 Subject to the conditions laid out in condition 5.2 "Errors" and conditions of any relevant state legislature, FOUND Regional Media excludes all other liability to the Customer for any costs, expenses, losses and damages incurred in relation to Advertising published by FOUND Regional Media, whether that liability arises in contract, tort (including by FOUND Regional Media's negligence) or under statute.
Without limitation, FOUND Regional Media will in no circumstances be liable for any indirect or consequential losses, loss of profits, loss of revenue or loss of business opportunity.
The Customer indemnifies FOUND Regional Media and its officers, employees, contractors and agents against any costs, expenses, losses, damages and liability suffered or incurred by the indemnified arising from the Customer's breach of these Terms and any negligent or unlawful act or omission of the Customer in connection with the Advertising.
FOUND Regional Media will not be liable for any delay or failure to publish Advertising caused by a factor outside FOUND Regional Media's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).
FOUND Regional Media will not be liable for any loss or damage direct or consequential, occasioned by error in the positioning of or omission to publish any Advertisement or for late publication of an Advertisement or failure to perform any other obligation whether occasioned by negligence or otherwise.